V.N. Khare, J. - (1.) Petitioner was a regular student of Yamuna Intermediate College, Bagpat (Meerut). He appeared as a regular candidate from the said institution in the High School Examination of the year 1986 but could not pass the said examination. Thereafter he duly filled in form to appear as a private candidate in the examination of the year 1987 but the respondent - Board, vide its order dated 21.10.1986 rejected his application form on the ground that the same had been received late. It is this order which is challenged in this writ petition.
(2.) Learned counsel for the petitioner argued that the application form was submitted by the petitioner well within time. If the form had been submitted late, the Principal of the institution concerned would not have accepted the same. It was further argued on behalf of the petitioner that the petitioner should not be made to suffer if the application form was transmitted by the Principal late to the respondent - Board. The argument has force. The petitioner cannot be held responsible for late transmission of his application form to the respondent - Board by the principal of the institution concerned. The petitioner was not at all at fault as he had completed all the formalities well within the prescribed time limit. We, therefore, quash the impugned order dated 21.10.1986 which was received by the petitioner on 2.2.1987 (Copy marked as Annexure II to the writ petition) and direct the respondent - Board to declare the result of the petitioner's examination wherein he was permitted by this Court to appear provisionally. With the above directions, this writ petition is allowed. Petition allowed.;